City Council Minutes
City Council Meeting Minutes

Thursday, November 7,2019



ST. GEORGE CITY COUNCIL MINUTES

REGULAR MEETING

NOVEMBER 7, 2019, 5:00 P.M.

CITY COUNCIL CHAMBERS

 

PRESENT:

Mayor Jon Pike

Councilmember Jimmie Hughes

Councilmember Michele Randall

Councilmember Ed Baca

Councilmember Bryan Smethurst

City Attorney Shawn Guzman

City Recorder Christina Fernandez

 

EXCUSED:

Councilmember Bette Arial

City Manager Adam Lenhard

 

OPENING:

Mayor Pike called the meeting to order and welcomed all in attendance. The invocation was offered by Laura Fairchild with the Bahá'í Faith and the Pledge of Allegiance to the Flag was led by Scouts.

 

Councilmember Smethurst mentioned that Councilmember Joe Bowcutt was honored recently by Southern Utah Homebuilders Association as well as Community Development Director John Willis.

 

COMMENTS FROM THE PUBLIC:

Resident Becky Jackson addressed the Council regarding her experience with banners for the St. George Literary Arts Festival and shared suggestions on how to handle this process in the future.

 

City Manager Shawn Guzman commented banners have been an issue the Council has rustled with for quite a while.  The Council does not want a cluttered look; therefore, they are being allowed in strategic places.  Staff is beginning with updating the City’s sign ordinance.   

 

CONSENT CALENDAR:

a.    Consider approval to award bid to Superior Asphalt for the Annual Crack Seal Project.

 

b.    Consider approval of the State of Utah Department of Public Safety (DPS) Division of Emergency Management (DEM) Articles of Agreement (FY2020).

 

c.    Consider approval of the financial report for September, 2019.

 

d.    Consider approval of a land exchange agreement between the City of St. George and Dixie Technical College for parcels at Tech Ridge.

 

e.    Consider approval of Settlement Agreement with Circle M, LLC regarding Quiet Title Action for the City to acquire title to Virgin River property.

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November 7, 2019

Page Two

 

f.     Consider approval of Settlement Agreement with Ray and Debra Draper regarding a Quiet Title Action and for the City to acquire title to property along the Virgin River.

 

g.    Consider approval to extend the 2019 St. George Streetfest sponsorship for ARTS, Inc. by two (2) months beginning November 1, 2019 through December 6, 2019.

 

With regard to item #f, Councilmember Baca commented that Ray Draper is a member of the Planning Commission.

 

City Attorney Shawn Guzman stated the agreement was discussed prior to his appointment on the Planning Commission.

 

MOTION:      A motion was made by Councilmember Randall to approve the consent calendar.

SECOND:      The motion was seconded by Councilmember Hughes.

VOTE:          Mayor Pike called for a vote, as follows:

 

Councilmember Hughes - aye

Councilmember Randall - aye

Councilmember Baca - aye

Councilmember Smethurst - aye

 

The vote was unanimous and the motion carried.

 

PUBLIC HEARING/VACATE A PORTION OF RIDGE TOP DRIVE:

Public hearing and consideration to vacate a portion of Ridge Top Drive.

 

Assistant Public Works Director Wes Jenkins presented the request to consider vacating a portion of Ridge Top Drive.  The roadway infrastructure for this portion of roadway has not been built and it only exists on paper.  The roadway is located west and wouth of the Dixie Tech property; zoning is Open Space.  He provided showed and outlined the roadway vacation plat map.

 

Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.

 

MOTION:      A motion was made by Councilmember Hughes to vacate the portion of Ridge Top Drive as discussed.

SECOND:      The motion was seconded by Councilmember Baca.

VOTE:          Mayor Pike called for a roll call vote, as follows:

 

Councilmember Hughes - aye

Councilmember Randall - aye

 

 

 

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Page Three

 

Councilmember Baca – aye

Councilmember Smethurst – aye

 

The vote was unanimous and the motion carried.

 

PUBLIC HEARING/ORDINANCE/VACATE PUBLIC UTILITIES AND DRAINAGE EASEMENT:

Public hearing and consideration of an ordinance to vacate a public utilities and drainage easement located at Dixie Technical College.

 

Assistant Public Works Director Wes Jenkins presented the request to vacate the entire public utility easement located on the Dixie Tech parcel and then re-dedicate new easements within the new Dixie Tech property as the property lines are changing.  This is located at Dixie Technical College on Tech Ridge Drive.  He showed and outlined the easement vacation map.

 

Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.

 

MOTION:      A motion was made by Councilmember Randall to approve the ordinance vacating a public utilities and drainage easement located at Dixie Technical College.

SECOND:      The motion was seconded by Councilmember Hughes.

VOTE:          Mayor Pike called for a roll call vote, as follows:

 

Councilmember Hughes - aye

Councilmember Randall - aye

Councilmember Baca - aye

Councilmember Smethurst - aye

 

The vote was unanimous and the motion carried.

 

PUBLIC HEARING/ANNEXATION/ORDINANCE:

Public hearing and consideration of an ordinance annexing approximately 212.679 acres located near the Utah/Arizona border, in Washington County.

 

Community Development Director John Willis presented the request to annex the property into the City.  The Council passed a resolution accepting the annexation petition on August 15, 2019.  The public hearing and ordinance are the next step in the annexation process.  Public notices have been given and published in accordance with state law.  He showed the property on a map; zone A-20 land use designation ag, this is the final step in the annexation process. 

 

Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.

 

 

 

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November 7, 2019

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MOTION:      A motion was made by Councilmember Hughes to approve the ordinance annexing 212.679 acres located near the Utah/Arizona border in Washington County.

SECOND:      The motion was seconded by Councilmember Smethurst.

VOTE:          Mayor Pike called for a roll call vote, as follows:

 

Councilmember Hughes - aye

Councilmember Randall - aye

Councilmember Baca - aye

Councilmember Smethurst - aye

 

The vote was unanimous and the motion carried.

 

GENERAL PLAN AMENDMENT/MODERATE INCOME HOUSING ELEMENT/ORDINANCE:

Consider an ordinance amending the general plan to add the Moderate Income Housing (MIH) Element.

 

Economic Development and Housing Director Shirlayne Quayle explained the Moderate Income Housing (MIH) Plan will help to define and understand the challenges that come with providing attainable housing in the City of St. George.  The proposed plan outlines the data, goals, and strategies moving forward to address the MIH in the City. She provided a PowerPoint presentation covering the following topics:  Background; Number of available housing units by price; Housing stock; and MIH plan goals.  She mentioned that Carol Davidson, Genna Goodwin and John Willis worked with her on this item.  The plan will be posted on the City’s website.

 

MOTION:      A motion was made by Councilmember Randall to approve the ordinance amending the general plan to add the Moderate Income Housing Element.

SECOND:      The motion was seconded by Councilmember Baca.

VOTE:          Mayor Pike called for a roll call vote, as follows:

 

Councilmember Hughes - aye

Councilmember Randall - aye

Councilmember Baca - aye

Councilmember Smethurst - aye

 

The vote was unanimous and the motion carried.

 

PUBLIC HEARING/AMEND FINAL PLAT/ORDINANCE:

Public hearing and consideration of an ordinance to amend the final subdivision for Lot 26, The Vistas at Entrada Phase 3 and also Lot 27, The Vistas at Entrada Phase 4 by adjusting the lot line between said lots and to vacate the public utilities and drainage easement in its current location.

 

 

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November 7, 2019

Page Five

 

Assistant Public Works Director Wes Jenkins presented the request to amend the final plat for Lot 26 of the Vistas at Entrada Phase 3 and Lot 27 of the Vistas at Entrada Phase 4.  He showed the final plat and outlined the proposed changes. 

 

Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing. 

 

MOTION:      A motion was made by Councilmember Randall to approve the ordinance amending the final plat for Lot 26 for the Vistas at Entrada Phase 3 and Lot 27 of the Vistas at Entrada Phase 4 by adjusting the lot line between said lots and to vacate the public utilities and drainage easement in its current location.

SECOND:      The motion was seconded by Councilmember Hughes.

VOTE:          Mayor Pike called for a roll call vote, as follows:

 

Councilmember Hughes - aye

Councilmember Randall - aye

Councilmember Baca - aye

Councilmember Smethurst - aye

 

The vote was unanimous and the motion carried.

 

COOPERATIVE AGENCY AGREEMENT:

Consider approval of a Cooperative Agency Agreement for AIP 031 Grant with Aeronautical Operations Division of the State of Utah.

 

City Attorney Shawn Guzman explained the City was awarded a grant from the FAA for the AIP 031 Snow Removal Equipment storage building at the airport. The monies from the grant are administered by the State and distributed to the City from the State. This agreement sets forth the process for the distribution of the grant to the City.

 

MOTION:      A motion was made by Councilmember Hughes to approve the Cooperative Agency Agreement for AIP 031 Grant with the Aeronautical Operations Division of the State of Utah.

SECOND:      The motion was seconded by Councilmember Randall.

VOTE:          Mayor Pike called for a vote, as follows:

 

Councilmember Hughes - aye

Councilmember Randall - aye

Councilmember Baca - aye

Councilmember Smethurst - aye

 

The vote was unanimous and the motion carried.

 

 

 

 

St. George City Council Minutes

November 7, 2019

Page Six

 

Consider approval of a Consent and Agreement between the City of St. George, Solimar-Black Iron, LLC, and sPower for the transfer of the Power Purchase Agreement (PPA) dated July 12, 2018 to sPower.

 

City Attorney Shawn Guzman explained On July 12, 2018, the City entered into a PPA with Solimar-Black Iron, LLC for solar power.  The agreement allows for the transfer of Solimar-Black Iron, LLC’s interest in the PPA to a third party. All other terms will remain the same.

 

MOTION:      A motion was made by Councilmember Randall to approve the Consent and Agreement between the City of St. George, Solimar-Black Iron, LLC, and sPower for the transfer of the Power Purchase Agreement (PPA) dated July 12, 2018 to sPower.

SECOND:      The motion was seconded by Councilmember Smethurst.

VOTE:          Mayor Pike called for a vote, as follows:

 

Councilmember Hughes - aye

Councilmember Randall - aye

Councilmember Baca - aye

Councilmember Smethurst - aye

 

The vote was unanimous and the motion carried.

 

PRELIMINARY PLAT:

Consider approval of an amended preliminary plat for a 51-lot residential subdivision called Sentieri Canyon @ Divario.

 

Assistant Public Works Director Wes Jenkins presented the preliminary plat for Sentieri Canyon @ Divario, a 51-lot residential subdivision located along the proposed Sentieri Vista Drive – west of the intersection of Sunbrook Drive and Plantations Drive; zoning is R-1-10.  He explained this subdivision was approved as a fifty (50) lot residential in May of 2018.  The developer is proposing to add one (1) lot to an area shown as open space on the original approved preliminary plat.  He provided a PowerPoint presentation covering the following topics: map of the property; original preliminary plat; map of boundary line; photo of the property; and amended preliminary plat.  The request was not required to be reviewed by the Hillside Review Board.

                                                                                     

MOTION:      A motion was made by Councilmember Randall to approve the preliminary plat for Sentieri Canyon @ Divario.

SECOND:      The motion was seconded by Councilmember Baca.

VOTE:          Mayor Pike called for a vote, as follows:

 

Councilmember Hughes - aye

Councilmember Randall - aye

Councilmember Baca - aye

Councilmember Smethurst - aye

 

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November 7, 2019

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The vote was unanimous and the motion carried.

 

PRELIMINARY PLAT:

Consider approval of a preliminary plat for a 1-lot subdivision for a future Elementary School called Aspen Estates Elementary subdivision.

 

Assistant Public Works Director Wes Jenkins presented the preliminary plat for Aspen Estates Elementary subdivision located at approximately 3330 East and 2930 South; zoning is R-1-8.  He showed a map of the area and the preliminary plat.

 

MOTION:      A motion was made by Councilmember Hughes to approve the preliminary plat for Aspen Estates Elementary subdivision.

SECOND:      The motion was seconded by Councilmember Smethurst.

VOTE:          Mayor Pike called for a vote, as follows:

 

Councilmember Hughes - aye

Councilmember Randall - aye

Councilmember Baca - aye

Councilmember Smethurst - aye

 

The vote was unanimous and the motion carried.

 

HILLSIDE DEVELOPMENT PERMIT:

Consider a request for a hillside development permit to allow development of Cascata at Divario generally located west of the intersection of Sunbrook Drive and Plantations Drive.

 

Assistant Public Works Director Wes Jenkins presented the request for a hillside development permit to allow development of Cascata at Divario generally located west of the intersection of Sunbrook Drive and Plantations Drive.  He provided a history of the request as well as a PowerPoint presentation covering the following topics: Exhibit 1 - overall slope analysis; and photos of the area.

 

MOTION:      A motion was made by Councilmember Randall to approve the hillside development permit to allow development of Cascata @ Divario as presented.

SECOND:      The motion was seconded by Councilmember Hughes.

VOTE:          Mayor Pike called for a vote, as follows:

 

Councilmember Hughes - aye

Councilmember Randall - aye

Councilmember Baca - aye

Councilmember Smethurst - aye

 

The vote was unanimous and the motion carried.

 

 

 

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November 7, 2019

Page Eight

 

AMENDED PRELIMINARY PLAT:

Consider approval of an amended preliminary plat for an 84-lot residential subdivision to be known as Cascata at Divario (PA-14).

 

Assistant Public Works Director Wes Jenkins presented the request to amend the preliminary plat for Cascata at Divario, an 84-lot residential subdivision located southwest of the intersection of Sunbrook Drive and Plantations Drive.  This request is amending the name and layout of the approved preliminary plat originally called Rosalia Ridge.  He showed the preliminary plat and outlined the proposed amendments.   There were some pressure zones with the water in the area.  The lot layout shows areas that can be developed due to the water pressure based on the current water connections.  The rest cannot be developed until a tank is installed or some other measure is installed to provide water pressure.  It is really a 30-lot subdivision, with nine (9) lots being under 10,000 sq. ft.   

 

City Attorney Shawn Guzman recommended, if approved, that a condition be added that the final plat only show those 30-lots, not the other lots and that the Water Services Department has reviewed and approves the new plat. 

 

Mr. Jenkins added that the developer proposes to dedicate a portion of the property to the City to keep it open space. 

 

MOTION:      A motion was made by Councilmember Randall to approve the amended preliminary plat for Cascata at Divario subject to the final plat only show the 30-lots and that the Water Services Department has reviewed and approves the new plat.

SECOND:      The motion was seconded by Councilmember Smethurst.

VOTE:          Mayor Pike called for a vote, as follows:

 

Councilmember Hughes - aye

Councilmember Randall - aye

Councilmember Baca - aye

Councilmember Smethurst - aye

 

The vote was unanimous and the motion carried.

 

REPORTS FROM MAYOR, COUNCILEMMBER

Councilmember Hughes mentioned the fundraising breakfast for SwitchPoint.

 

Mayor Pike reported the Bands Across America competition taking place currently. 

 

Councilmember Randall reminded the Council about the Veterans Day activities. 

 

Community Development Director John Willis introduced the new City Planner – Dan Boles. 

 

 

 

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November 7, 2019

Page Nine

 

ADJOURN TO A CLOSED SESSION:

MOTION:      A motion was made by Councilmember Randall to adjourn to a closed session to discuss a possible property sale.

SECOND:      The motion was seconded by Councilmember Hughes.

VOTE:          Mayor Pike called for a roll call vote, as follows:

 

Councilmember Hughes - aye

Councilmember Randall - aye

Councilmember Baca - aye

Councilmember Smethurst - aye

 

The vote was unanimous and the motion carried.

 

 

 

 

________________________________             

Christina Fernandez, City Recorder